5th New York State Legislature

The 5th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from October 10, 1781, to April 14, 1782, during the fifth year of George Clinton's governorship, at Poughkeepsie.

5th New York State Legislature
←4th 6th→
Clinton House, Poughkeepsie (2007)
Overview
Legislative bodyNew York State Legislature
JurisdictionNew York, United States
TermJuly 1, 1781 – June 30, 1782
Senate
Members24
President{{{vp}}}
Assembly
Members70 (de facto 65)
SpeakerEvert Bancker
Sessions
1stOctober 10 – November 23, 1781
2ndFebruary 21 – April 14, 1782

Background

Under the provisions of the New York Constitution of 1777, the State Senators were elected on general tickets in the senatorial districts, and were then divided into four classes. Six senators each drew lots for a term of 1, 2, 3 or 4 years and, beginning at the election in April 1778, every year six Senate seats came up for election to a four-year term. Assemblymen were elected countywide on general tickets to a one-year term, the whole assembly being renewed annually.

On May 8, 1777, the Constitutional Convention had appointed the senators from the Southern District, and the assemblymen from Kings, New York, Queens, Richmond and Suffolk counties—the area which was under British control—and determined that these appointees serve in the Legislature until elections could be held in those areas, presumably after the end of the American Revolutionary War. Vacancies among the appointed members in the Senate should be filled by the Assembly, and vacancies in the Assembly by the Senate.

Elections

The State elections were held from April 24 to 26, 1781. Under the determination by the Constitutional Convention, Senator Sir James Jay, whose seat was up for election, continued in office, as well as the assemblymen from Kings, New York, Queens, Richmond and Suffolk counties. Levi Pawling (Middle D.) and Alexander Webster (Eastern D.) were re-elected. John Haring (Middle D.), and ex-assemblymen Henry Oothoudt and William B. Whiting (Western D.) were also elected to the Senate. Ex-Assemblyman Thomas Palmer was elected in the Middle District to fill the vacancy caused by the expulsion of Ephraim Paine.[1]

Sessions

The State Legislature met in Poughkeepsie, the seat of Dutchess County. The Senate met first on October 10, 1781, the Assembly on October 24; the Senate adjourned on November 3, the Assembly on November 23. The Assembly reconvened on February 21, 1782, the Senate on February 23; and both Houses adjourned on April 14. The seat of Sir James Jay was declared vacant when he joined the Loyalists, and at the end of the American Revolutionary War he went into exile in London.

State Senate

Districts
Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties. In 1784, Charlotte Co. was renamed Washington Co., and Tryon Co. was renamed Montgomery Co.

Senators

The asterisk (*) denotes members of the previous Legislature who continued in office as members of this Legislature.

District Senators Term left Notes
Southern Isaac Roosevelt* 1 year holding over on appointment by Constitutional Convention
John Morin Scott* 1 year holding over on appointment by Constitutional Convention;
also Secretary of State of New York
Jonathan Lawrence* 2 years holding over on appointment by Constitutional Convention
(Lewis Morris)* 2 years holding over on appointment by Constitutional Convention;
did not attend
Stephen Ward* 2 years appointed by State Assembly
William Floyd* 3 years holding over on appointment by Constitutional Convention
William Smith* 3 years holding over on appointment by Constitutional Convention
Isaac Stoutenburgh* 3 years holding over on appointment by State Assembly;
elected to the Council of Appointment
Sir James Jay* 4 years holding over on appointment by State Assembly;
seat declared vacant from "inability to attend, being held a prisoner"
Middle Henry Wisner* 1 year
Thomas Palmer 2 years elected to fill vacancy, in place of Ephraim Paine
Zephaniah Platt* 2 years elected to the Council of Appointment
Arthur Parks* 3 years
John Haring 4 years
Levi Pawling* 4 years died March 1782
Eastern (Ebenezer Russell)* 1 year did not attend
(Elkanah Day)*[2] 3 years did not attend
Alexander Webster* 4 years elected to the Council of Appointment
Western Jacob G. Klock* 1 years
Abraham Yates Jr.* 1 years
Abraham Ten Broeck 2 years also Mayor of Albany
Philip Schuyler 3 years also New York State Surveyor General
Henry Oothoudt 4 years elected to the Council of Appointment
William B. Whiting 4 years

Employees
  • Clerk: Robert Benson

State Assembly

Districts
Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties. In 1784, Charlotte Co. was renamed Washington Co., and Tryon Co. was renamed Montgomery Co.

Assemblymen

The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.

County Assemblymen Notes
Albany Matthew Adgate*
Jacob Ford
Philip Frisbie
John Lansing Jr.*
George Palmer
Dirck Swart*
Samuel Ten Broeck
Israel Thompson
Isaac Vrooman*
Edmund Wells
Charlotte David Hopkins*
Hamilton McCollister*
Matthew McWhorter*
John Williams
Cumberland none No election returns from these counties[3]
Gloucester
Dutchess Dirck Brinckerhoff
Jonathan Dennis
Cornelius Humfrey
Ebenezer Husted
Abraham Paine
Thomas Storm
Jacobus Swartwout*
Kings William Boerum* holding over on appointment by Constitutional Convention
Henry Williams* holding over on appointment by Constitutional Convention
New York Evert Bancker* holding over on appointment by Constitutional Convention;
re-elected Speaker
John Berrien* holding over on appointment by the State Senate
Abraham Brasher* holding over on appointment by Constitutional Convention
Daniel Dunscomb* holding over on appointment by Constitutional Convention
Robert Harpur* holding over on appointment by Constitutional Convention
Frederick Jay* holding over on appointment by Constitutional Convention
Abraham P. Lott* holding over on appointment by Constitutional Convention
Jacobus Van Zandt* holding over on appointment by Constitutional Convention
Peter P. Van Zandt* holding over on appointment by Constitutional Convention
Orange Jeremiah Clark
John Hathorn
John Stagg*
John Suffern
Queens Benjamin Birdsall* holding over on appointment by Constitutional Convention
Benjamin Coe* holding over on appointment by Constitutional Convention
Philip Edsall* holding over on appointment by Constitutional Convention;
resigned on October 20, 1781;
Nathaniel Tom was appointed by the State Senate on October 31, 1781, to fill the vacancy
Daniel Lawrence* holding over on appointment by Constitutional Convention
Richmond Joshua Mersereau* holding over on appointment by Constitutional Convention
vacant
Suffolk David Gelston* holding over on appointment by Constitutional Convention
Ezra L'Hommedieu* holding over on appointment by Constitutional Convention
Burnet Miller* holding over on appointment by Constitutional Convention
Thomas Tredwell* holding over on appointment by Constitutional Convention
Thomas Wickes* holding over on appointment by Constitutional Convention
Tryon Zephaniah Batchelor*
Abraham Garrison*
William Harper
Isaac Merselis
John Moore*
William Petrie
Ulster Johannes Bruyn
Charles DeWitt
Johannes Hardenbergh
Abraham Hasbrouck
James Hunter
vacant
Westchester Nathaniel Delivan
Abijah Gilbert
Zebediah Mills
Nathan Rockwell*
Thomas Thomas*
Jonathan G. Tompkins*

Employees
  • Clerk: John McKesson

Notes
  1. It is unclear how the terms in the Middle District were distributed. There were three vacancies, being two full terms and one short term—the terms of Levi Pawling and Jesse Woodhull had expired, and Paine had been expelled with 2 years left—and Pawling, Haring and Palmer were elected. Pawling died before the next Legislature. On January 21, 1784, the first day of the 7th New York State Legislature, Palmer claimed the seat for the full term, but his term was declared expired, and Haring continued to sit.
  2. Elkanah Day is not listed among the senators in any session in the Civil List of 1858, which means that he did not attend any session, but it is certain that election returns were filed with the Secretary of State of New York in 1780, since he was elected to the Council of Appointment in 1782; the History of Eastern Vermont by Benjamin Homer Hall (Civil list appendix, page 768) lists him as a New York State Senator and stating "Commencement of Session September 10, 1781"
  3. Cumberland and Gloucester counties seceded from the Province of New York in January 1777, and became part of the Vermont Republic, while the Constitutional Convention was still debating the new Constitution. The New York Constitution was approved in April 1777, not recognizing the secession. Neither county did file any election returns with the Secretary of State of New York in 1781.

Sources
  • The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [see pg. 108 for Senate districts; pg. 111f for senators; pg. 148f for Assembly districts; pg. 160 for assemblymen]
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